The Ombudsman's final decision
Summary: We will not investigate this complaint about a Freedom of Information request. Mr X has already approached the courts and the Information Commissioner’s Office about the issue.
The complaint
Mr X complained the Council failed to respond to his Freedom of Information request relating to council tax. This follows several years of dispute between Mr X and the Council, involving the courts.
The Ombudsman’s role and powers
We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended) The courts have said that where someone has used their right of appeal, reference or review or remedy by way of proceedings in any court of law, the Ombudsman has no jurisdiction to investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916) The Information Commissioner's Office considers complaints about freedom of information. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). So where we receive complaints about freedom of information, we normally consider it reasonable to expect the person to refer the matter to the Information Commissioner.
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X’s complaint is about the Council not responding to a Freedom of Information request. He has already contacted the Information Commissioner, which is the suitable body for considering such complaints. There is not a good reason for us to consider this complaint instead.
Mr X also provided historical information about issues dating back to 2004. We cannot now consider what happened several years ago. However, in any event, Mr X has also pursued proceedings in the courts relating to these matters.
Final decision
We will not investigate Mr X’s complaint because it is about Freedom of Information, and he has already contacted the Information Commissioner’s Office and the courts about the matter.
Investigator's decision on behalf of the Ombudsman